The New Hampshire House of Representatives recently passed two bills addressing cannabis and psilocybin, marking a pivotal shift in drug policy within the state. House Bill 198, which legalizes specific quantities of cannabis, and House Bill 528, which modifies penalties for psilocybin possession and use, have sparked notable conversations around personal freedoms, public health, and criminal justice reform. Together, they reflect growing momentum towards modernizing outdated policies while balancing regulatory concerns. Below, we explore what these bills entail and the implications they may hold.
New Hampshire House Bill 198 and Cannabis Possession
House Bill 198, brought forth by Representative Jared Sullivan, seeks to legalize the possession of cannabis for adults aged 21 and older. If enacted, individuals would be permitted to carry up to two ounces of cannabis flower, ten grams of concentrate, and up to 2,000 milligrams of THC in other cannabis-based products. However, the bill stops short of enabling retail cannabis sales or home cultivation, leaving the conversation around a regulated cannabis market for another day.
Public consumption of cannabis would remain prohibited under this proposal, which, according to legislators, is an effort to balance legalization with public order. Representative Sullivan has emphasized that this measure is ultimately about dismantling harmful criminal penalties that have long accompanied low-level cannabis possession.
While legalization enjoys public support—polls suggest that over 65% of New Hampshire residents favor legalizing marijuana—the implementation details regarding market regulation remain contentious. Questions about whether cannabis sales should be state-run or privately managed linger as future debates for lawmakers to address. Nonetheless, the passage of HB 198 signifies a major step forward for advocates seeking an end to the criminalization of cannabis consumers.
New Hampshire House Bill 528 and Psilocybin Decriminalization
House Bill 528, introduced by Representative Kevin Verville, represents a step toward reframing attitudes around psilocybin and psychedelics in general. Under this proposal, the penalties associated with psilocybin possession and use would be significantly eased for individuals aged 18 and older. A first-time offense would be classified as a non-criminal violation, resulting in a fine of $100 or less.
Escalating penalties for repeated offenses would follow, with second and third violations classified as Class B misdemeanors and fines of up to $500 and $1,000, respectively—but crucially, jail time would not be imposed. Fourth and subsequent offenses, however, would still be categorized as felonies.
While the original draft of HB 528 aimed to fully legalize psilocybin on a non-commercial basis, a House committee amended the bill to retain certain legal safeguards. According to Representative Verville, the legislation as passed by the House still marks progress, ending what he describes as the “decades-long terror of becoming a felon for possession of mushrooms that grow naturally in New Hampshire.” He referred to the bill as a “historic, albeit small first step” in addressing what he sees as failed drug policies that disproportionately penalize non-violent acts.
Like HB 198, this bill does not permit psilocybin sales or distribution, keeping commercial considerations off the table. The focus instead remains on reducing the criminal consequences associated with personal use and possession.
Navigating Challenges Ahead
Both HB 198 and HB 528 now advance to the New Hampshire Senate for further review. However, advocates face a difficult reality as they look toward Governor Kelly Ayotte’s potential response. A vocal opponent of adult-use legalization efforts during her 2024 campaign, Governor Ayotte has repeatedly expressed her intent to block such measures.
New Hampshire’s history with cannabis reform highlights the complexities of legalization debates within the state. Just last year, lawmakers abandoned a robust legalization bill over divisions regarding market structure, even as public support remained strong. Similar challenges may await these new proposals as they move through the legislative process.
For psilocybin reform, bipartisan backing offers a glimmer of hope, but advocates stress that the fight for broader acceptance is far from over. Representative Verville and others are preparing to engage both the Senate and Governor Ayotte in meaningful discussions to reconcile differing perspectives and push for effective legislative outcomes.
A Glimpse into the Future Of Cannabis and Psilocybin Policy in New Hampshire
These bills reflect not just legislative progress, but a cultural shift toward re-evaluating societal norms around cannabis and psychedelics. Across the country, states are increasingly moving from punitive measures to policies rooted in harm reduction, public health, and personal autonomy. New Hampshire’s HB 198 and HB 528 embody this evolving philosophy, even as they stop short of addressing regulated markets and broader commercialization.
The passage of these bills in the House signals that New Hampshire is taking incremental yet meaningful steps toward updating its approach to cannabis and psilocybin. Whether or not these reforms ultimately succeed in becoming law, they have already amplified critical conversations around fairness, justice, and the role of government in regulating personal choices.
Advocates of these measures remain focused on securing Senate approval and appealing to Governor Ayotte’s willingness to reconsider aspects of her stance. With nearly two-thirds of New Hampshire residents in favor of legalization, there is considerable public backing to support these legislative advancements.
For now, the journeys of HB 198 and HB 528 remain ongoing. Regardless of the immediate outcomes, they represent an undeniably important chapter in shaping New Hampshire’s drug policy landscape.
